Delhi High Court - Orders
Rail Land Development Authority vs M/S Eldeco Infrastructure And ... on 25 April, 2026
$~2 (03.03.2026)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 188/2025, CM APPL. 43955/2025
RAIL LAND DEVELOPMENT AUTHORITY .....Appellant
Through: Mr. Bharat Malhotra & Mr.
Taksh Suri, Advs.
versus
M/S ELDECO INFRASTRUCTURE AND PROPERTIES
LIMITED & ORS. .....Respondents
Through: Mr. Jaspreet Singh Rai and Mr.
Rohit Nagpal, Advs.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 25.04.2026
1. Since 03.03.2026 was declared a holiday vide notification dated 27.02.2026, the matters fixed for 03.03.2026 were directed to be taken up on 25.04.2026.
2. The only dispute between the parties is with regard to action of the Appellant forfeiting the Bid Security Amount.
3. Learned counsel representing the Appellant draws the attention of the Court to Para 18 of the Award which reads as under:-
"18. In the facts and circumstances enumerated herein before, I conclude that, failure to provide commitment/performance security, failure to pay Lease premium and not signing of the Lease Agreement were breaches of contract committed by the Claimant. The action of Respondent No. 2 in issuing the letter dated 29th September, 2019 and forfeiting the Bid Security Amount cannot be faulted with and are held to be in accordance with the terms and conditions of the Contract."
4. He submits that despite recording the aforesaid finding, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/04/2026 at 22:48:31 Tribunal has held that such security could not be forfeited in absence of proof of loss/damages.
5. At this stage, learned counsel representing the Respondents prays for short adjournment.
6. List on 30.04.2026 for hearing in the "Supplementary List".
7. It is made clear that no further request for adjournment shall be entertained.
ANIL KSHETARPAL, J.
RAJNEESH KUMAR GUPTA, J.
APRIL 25, 2026/sp/ad This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/04/2026 at 22:48:31